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| McCulloch v Maryland (1819) |
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Definition
Allowed the charter of a national bank.
Struck down state taxes on a national bank. |
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First allowed national regulation of interstate commerce through the Commerce Clause.
Specifically, restrictions on boating. |
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| Struck down national restrictions on slavery in territories. |
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| Struck down a law banning guns in school zones, saying it exceeded the scope Commerce Clause. |
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| Struck down a national regulation requiring local officials to implement a system for background checks when buying guns. |
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| Struck down the Florida state recount process during the presidential election. |
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| South Dakota v Dole (1987) |
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Definition
Struck down direct national control of the drinking age in the states.
Allowed programs to encourage state action (which was the case). |
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Struck down a state program that was to pay for teachers teaching secular subjects in parochial school, because it entangled the government excessively.
Established the Lemon test: must have secular purpose, primary effect must not advance or inhibit religion, must not entangle government excessively with religion. |
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Allowed public school teachers to teach mandated remedial courses to disadvantaged students in NY parochial schools.
Emphasized the neutrality towards religion and excessive entanglement |
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Ruled that disqualification, based on religious practice (specifically not working on a certain day), for unemployment compensation, placed too much of a burden on free exercise.
Strict scrutiny made important: justified by compelling state interest, narrowly tailored for a specific goal, least restrictive mode of action. |
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Allowed conviction of people handing out leaflets to abandon the draft during WWI.
Applied the clear and present danger test and deemed their actions were a clear and present danger. |
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| Upheld conviction of a man who was distributing leaflet denouncing WWI and opposition to the Russian Revolution. |
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| Upheld conviction of a man distributing copies of a revolutionary socialist pamphlet. |
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Term
| Brandenburg v Ohio (1969) |
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Definition
| Struck down conviction of a KKK member, deciding the racist speech was not a clear and present danger. |
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Term
| Tinker v Des Moines Independent County School District (1969) |
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Definition
| Overturned suspensions of high school students who wore armbands in protest of the Vietnam war. |
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Upheld conviction of a man who called a city marshall "a damned fascist" and such.
Decided they were fighting words, meant to incite a breach of the peace. |
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Reversed a man's conviction for wearing a shirt that said "FUCK THE DRAFT. STOP THE WAR." to a court.
Protected emotive and cognitive aspects of expression. |
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| Struck down prohibition on "patently offensive" sexual material on the internet. |
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| NY Times v Sullivan (1964) |
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Definition
| Allowed the publication of true and false statement about the conduct of public officials, except when made with actual malice. |
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Struck down a law that prevented a man from publishing a scandal sheet attacking local officials.
Ruled against unreasonable prior restraint. |
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Allowed the publishing of the Pentagon Papers by news outlets.
Government did provide a compelling state interest. |
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| Struck down a law that prohibited the private possession of handguns and that required the disassembly or use of trigger locks on rifles and shotguns. |
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| McDonald v Chicago (2010) |
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Definition
| Decided that the right to bear arms would be incorporated into the Fourteenth Amendment to apply to states. |
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| Palko v Connecticut (1937) |
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Definition
| Upheld a second conviction for a single crime, did not incorporate the liberty from double jeopardy into the Fourteenth Amendment. |
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Term
| Duncan v Louisiana (1968) |
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Definition
| Decided the right to a jury trial for nonpetty crimes would be incorporated into the Fourteenth Amendment. |
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Term
| Gideon v Wainwright (1963) |
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Definition
| Incorporated the right to a lawyer into the Fourteenth Amendment. |
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| Incorporated the Fifth Amendment by requiring a Miranda warning in circumstances where a person is in custody and being questioned. |
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| Incorporated the liberty from unreasonable searches and seizures. |
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| In a case of a search that turned up "obscene material," deciding to strike down the use of evidence as against the Fourth Amendment. |
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| Established good faith exception to the exclusionary rules, allowed evidence seized through a mistakenly-issued search warrant. Allows mistakes in police conduct, giving them the excuse that they were acting in good faith. |
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| Struck down the president's claim that he had unbounded authority in the creation and use of military commissions for enemy combatants at Guantanamo. |
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| Decided prisoners at Guantanamo have a right to challenge their detentions in fed courts. |
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Term
| Griswold v Connecticut (1965) |
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Definition
Struck down a state statute that prohibited birth control devices.
Decided a zone of privacy was implicit in the First, Third, Fourth, and Fifth Amendments protected by the Ninth Amendment, incorporated with the Fourteenth. |
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Definition
Struck down limited prohibition of abortion at any time of pregnancy, based on right to privacy.
First trimester: no prohibitions allowed.
Second trimester: restrictions, not prohibitions, allowed.
Third trimester: prohibitions allowed, except in cases where the mother's health is in danger. |
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Term
| Webster v Reproductive Health Services (1989) |
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Definition
| Upheld state law that denied the use of public employees or publicly funded facilities for the performance of an abortion, except in cases where the mother's health is in danger, and required doctors to perform tests to determine the fetus's viability |
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| Planned Parenthood v Casey (1992) |
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Definition
| Struck down several restrictions on abortions. |
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| Upheld prohibition on homosexual relations, even in private homes. |
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Term
| Lawrence and Garner v TX (2003) |
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Definition
| Struck down a state law prohibiting sodomy. |
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| Upheld restrictions, from a school, on a student who held a sign reading "bong hits 4 jesus" at a school-supervised event. |
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Definition
Upheld state laws that mandated segregation.
Established "seperate but equal." |
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| Found the seperate "law school" for a black student was inadequate, compared to the white school, awarding the man full student status at U of TX. |
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Term
| Brown v Board of Education (1951) |
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Definition
Found "seperate but equal" untrue in practice in public segregation, violating the Fifth Amendment.
In the second round, in 1969, they ordered more forcably for desegregation to occur. |
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| Swann v Charlotte-Mecklenburg County Schools (1971) |
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Definition
| Upheld busing to ensure school desegregation, but principles only applied to de jure segregation. |
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| Grove City College v Bell |
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Definition
| Ruled that, as a school with students receiving federal aid, the college had to comply with nondiscrimination policy, but only in the specific department or program that received the funds. |
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| Boy Scouts of America v Dale (2000) |
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Definition
| Struck down a law that prohibited discrimination in places of public accomodation, upholding the Scouts' right to free association. |
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Ruled that a military college had to admit women as well as men.
Applied a skeptical scrutiny test. |
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| Regents of the UC v Bakke (1977) |
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Definition
| Struck down the rigid use of race in applications, but allowed race as a plus factor. |
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| Struck down awarding extra points to admission to a college for race, lacking narrow tailoring for the goal. |
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| Grutter v Bollinger (2003) |
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Definition
| Upheld preference of less-qualified minorities over whites, saying it was narrowly tailored for the use of race. |
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Term
| Parents Involved in Community Schools v Seattle School District No. 1 |
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Definition
| Struck down school plans for integration based purely on race, was not narrowly tailored for the purposes. |
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